BUSINESS MIGRATION

Why Australia?
What documents are needed to be eligible to enter Australia?
What is the difference between permanent residence and Citizenship?
What is a 'Points Test' and why do I need to pass?
What are the basic requirements for Skilled Migration to Australia?
What is the Skilled Occupation List (SOL)?
Must I have my skills assessed?
Do I need to have my English language ability tested?
Who can sponsor my Skilled Migration application?
Can I include my partner in my application if we are not married?
Will I have to undergo a medical examination?
I have a current health condition...will I meet health criteria?
Why are character checks required to enter/stay in Australia?
How long will the granting of my visa take?
When my visa is granted, how long do I have to enter Australia?
I am over 45 years old. How can I qualify for migration to Australia?
How can my family member live permanently in Australia?
Who can sponsor a family member from overseas?
Which family members can I sponsor to live permanently in Australia?
Will I need to provide financial assistance if I sponsor my family member?
How do I become an Australian Citizen?
Am I entitled to any government benefits immediately upon arrival in Australia?
Can the immigration authorities refuse my application?
Why should I get to Visa & Immigration Services Australia to help with my application?

 

Back to the TopBack To Top Why Australia?

There are many reasons, both personal and general, that can influence someone's decision to immigrate to a new country.   It is a general understanding that an immigrant always strives for a better 'quality of life'. Australia has always stood out to immigrants due to it’s low unemployment rate and the fact that the prospects are promising in this enormous country. Australia also offers an open society in which people communicate, both with each other and with newcomers. Many immigrants wish to experience the open spaces, climate and vast opportunities that Australia offers.  Other factors that sway people to migrate to Australia is the democracy, safety and the feeling of freedom. Australia is worth the challenge of migration!

Back to the TopBack To Top What documents are needed to be eligible to enter Australia?

Anyone who arrives without a visa, authority for re-entry or an Australian or New Zealand passport will be refused entry to Australia or delayed until their documentation and reasons to enter Australia have been checked.

Australian Citizens, who have automatic right of entry to Australia, need only present a current Australian passport on arrival. Australian Citizens, who hold dual or multiple nationalities, must use an Australian passport to enter or leave Australia, even if they use a foreign passport overseas. New Zealand Citizens, travelling on New Zealand passports, receive electronic visas on arrival, entitling them to stay in Australia.

All other non-Citizens, including people who migrated and now live in Australia permanently, must hold a valid visa or authority for re-entry to Australia. New migrants are issued with a multiple re-entry visa when their immigration to Australia is approved. These visas last up to five years from the date of grant. After the initial visa has expired, if the holder wishes to continue to travel to and from Australia as a permanent resident, they must obtain a Resident Return Visa (RRV).

The Commonwealth Government of Australia has the right to decide who can enter and stay on its territory.

 

Back to the TopBack To Top What is the difference between permanent residence and Citizenship?

If your application to migrate to Australia is successful, you will be granted permanent residence in Australia. As a permanent resident, you will enjoy most of the same rights as an Australian Citizen. However, as a permanent resident you will be required to renew your visa every 5 years if you plan to travel overseas.

To qualify for Citizenship, you must have lived in Australia as a permanent resident for two years out of the previous five years. If you decide to proceed with becoming an Australian Citizen, Australian laws do not require you to surrender your current Citizenship, however depending on the laws of your originating country, you may be required to surrender that Citizenship. 

As an Australian Citizen, the added benefits allotted to you is that you will be able to:

  • vote in elections;
  • stand for election in Federal, State and Local Governments;
  • apply for certain government positions;
  • apply for an Australian passport and enter Australia without a visa;
  • serve in Australia's armed forces;
  • register your children as Australian Citizens even if they are born overseas;
  • seek protection from Australian diplomatic or consular offices;
  • not be subject to removal or deportation from Australia.

Back to the TopBack To Top What is a 'Points Test' and why do I need to pass?

A number of Australian Skilled and Business visa categories are points tested. Points are gained pursuant to your personal and professional abilities and it is a requirement that you meet the pass mark in order to proceed with your application.

Depending under which category you are applying, points are granted for:

  • Skill,
  • Age,
  • English language ability,
  • Investment ability,
  • Business or specific work experience,
  • Occupation in demand (and job offer),
  • Australian qualifications,
  • Your spouse's skills,
  • Foreign language skills or Australian work experience or capital to invest in Australia, and
  • Family sponsorship.

Please be aware that passing the points test is only one part of the visa process and does not guarantee the approval of any visa.

Back to the TopBack To Top What are the basic requirements for Skilled Migration to Australia?

Basic Requirements

1.You must be under the age of 45 years when you apply.

2.You must pass a health assessment (if required).

3. You must pass a character assessment.

4.You must have sufficient ability in the English language for working in Australia. This is known as Vocational English.

5. You must have university or trade qualifications and your skills must have been assessed by the relevant assessing authority as suitable for your nominated occupation.

6. You must nominate a skilled occupation (which is on Skilled Occupation List (SOL)) which fits your skills and qualifications.

7.  Recent Work Experience: Generally you need to show that you have worked in a skilled occupation for a set period of time. The amount of relevant work experience you must have is dependent on the occupation that you nominate. If you are an international student you may qualify for a waiver of this requirement.

Back to the TopBack To Top What is the Skilled Occupation List (SOL)?

The Skilled Occupations List (SOL) is determined by the Department of Immigration (DIMIA) to reflect the skill shortages in Australia. When you apply for skilled migration, you must nominate a skilled occupation which suits your qualifications and experience. Your occupation must be on the Skilled Occupations List (SOL) at the time you apply.

Back to the TopBack To Top Must I have my skills assessed?

Yes, at the time you apply you must obtain a skills assessment from the assessing authority responsible for your nominated occupation, in addition to having an occupation which is on the Skilled Occupations List (SOL).

Back to the TopBack To Top Do I need to have my English language ability tested?

You must have sufficient ability in the English language for working in Australia. This is known as 'Vocational English'.  A higher level of English is required for certain occupations where English ability forms part of the skills assessment. In some visa categories you may be eligible with a lower level of English.

The minimum level required for skilled migration is Vocational English.  Being born in an English-speaking country, or even obtaining an Australian qualification does not guarantee that you have Vocational English.

Before you apply, it is recommended that you obtain proof of your English language ability by one of the following methods:

  • provide evidence that you are a native English speaker; or
  • provide evidence that you have undertaken post-secondary studies at an institution where the medium of instruction was English
  • undertake an International English Language Testing System (IELTS) test.

Back to the TopBack To Top Who can sponsor my Skilled Migration application?

In some cases, applications for skilled migration may have a greater chance of success if you, or your spouse, have a close relative who is an Australian Citizen or permanent resident who is willing to sponsor you.

Your relative must be:

  • a non-dependent child - includes natural, adopted or stepchildren; or
  • a parent; or
  • a brother or sister - includes adoptive and step brothers and sisters; or
  • an aunt or uncle - includes adoptive and step aunts or uncles; or
  • a first cousin (if applying under a 'Designated Area' sponsored category); or
  • a grandparent (if applying under a 'Designated Area' sponsored category);
  • living in Australia;
  • an Australian Citizen or permanent resident;
  • living in a designated area of Australia (if applying under a 'Designated Area' sponsored category);
  • prepared to sponsor your application; and
  • willing to provide support for your first 2 years in Australia, including accommodation and financial assistance as required.

You are still able to apply as an 'Independent' even if you have a relative in Australia who is willing to sponsor you, as long as you meet these requirements.  Applying as an 'Independent' may reduce processing time and it alleviates the need for a relative to provide financial support.

Back to the TopBack To Top Can I include my partner in my application if we are not married?

For migration purposes your 'spouse' is defined as a person to whom you are legally married or with whom you have a defacto (common law) relationship. As a defacto couple, you must be of opposite sexes and have lived together for at least 12 months prior to your application. You must be able to prove that you have a genuine relationship and that you are committed to a shared life together.

Upon the meeting of the above criteria a spouse may be included on your application.

Back to the TopBack To Top Will I have to undergo a medical examination?

Yes. All applicants for permanent visas are required to undergo health examinations. You and all dependent family members must meet strict health standards designed to protect Australia from high health risks and costs. All members of your immediate family, including dependent family members who do not intend to migrate, must meet the health requirement. If you cannot meet the health requirement, the visa application will be refused under the Migration Regulations, and refusal of one family member will mean the whole family unit will not be able to proceed.

It is recommended that you do not complete your health examinations before lodging your visa application if you are applying from outside Australia. Processing of the entire application can be a lengthy process, and health examinations taken too early may become invalid before a final decision is made. You will be informed by staff processing your visa application when to arrange your medical examination.

If you are applying in Australia, you may complete health examinations before lodging your visa application, but be aware that the results have limited validity.

Back to the TopBack To Top I have a current health condition...will I meet health criteria?

No health condition, with the exception of tuberculosis, automatically precludes the issue of a visa. Apart from tuberculosis, every condition identified in the course of the examinations, or through the questions you are asked in your application, will be assessed on an individual basis for possible impact on the Australian community.  Such assessment includes the cost of treatment or support that would be attracted by that condition. The decision on whether a condition means an applicant does or does not meet the criteria comes from the Medical Officer of the Commonwealth.

Back to the TopBack To Top Why are character checks required to enter/stay in Australia?

Section 501 of the Migration Act 1958 includes a character test to ensure that visa applicants, people seeking to migrate to Australia and visa holders are of acceptable character. All visa applicants are to prove to the Australian Government that they are of good character. 

This Act also allows the powers to either refuse or cancel visas when issues of character arise.

Some examples of when a person will fail the character test include:

  • when the person has a substantial criminal record,
    • sentenced to a term of imprisonment for 12 months or more, or
    • sentenced to either death or life imprisonment, or
    • sentenced to two or more terms of imprisonment (whether on one or more occasions), where the total of those terms is two years or more, or
    • acquitted of an offence on the grounds of either unsoundness of mind or insanity and, as a result, the person has been detained in a facility or institution;
  • when the person either has, or has had, an association with an individual, group or organisation suspected of having been, or being, involved in criminal conduct,
  • when there is a significant risk that the person will engage in criminal conduct in Australia, harass, molest, intimidate or stalk another person in Australia, vilify a segment of the Australian community, or incite discord in the Australian community or in a segment of that community,
  • when, having regard to the person's past and present criminal conduct, the person is found not to be of good character, and
  • when having regard to the person's past and present general conduct, the person is found to be not of good character.

A person whose visa is cancelled on the grounds of either a substantial criminal record, or past and present criminal conduct, that person is then permanently excluded from Australia.

Back to the TopBack To Top How long will the granting of my visa take?

There is no set or simple answer to this question.  All visa’s differ in processing time.  An incomplete or wrongly filed application, or problems with the medical examinations, will delay the processing. Other factors, like the number of visa applications received at the embassy also have to be taken into account.  As a general idea a business visa can take 2 to 3 months, a skilled independent visa can take up to a year or longer.

Back to the TopBack To Top When my visa is granted, how long do I have to enter Australia?

Upon notification of a successful visa application, you will receive a date by which you should make entry into Australia (this will vary from person to person, visa to visa). The time allocated for entry will allow you plenty of time to organise your affairs. However, if you are unable to meet this date, you can request an extension from Department of Immigration (DIMIA) explaining the reasons.

Back to the TopBack To Top I am over 45 years old. How can I qualify for migration to Australia?

If you are aged over 45, you cannot contribute points for skills, age and work experience for skilled migration. You could consider one of the following options:

  • Your spouse can be the main applicant if they are under 45. If you have Australian relatives, you can still contribute the 15 points if these relatives sponsor you.
  • If you have an overall successful career in business, you can look at your eligibility for business migration to Australia.
  • There is no age limit for temporary residence through business sponsorship and you can qualify for permanent residence through business sponsorship if you can show that a person of your level of skill and experience who is under 45 is not easy to find.
  • If you have children living in Australia, they can sponsor you for a parent visa
  • If you have an Australian spouse, you can be sponsored for partner migration.
  • There are a number of other visas which do not have age restrictions on them

Back to the TopBack To Top How can my family member live permanently in Australia?

The Family Stream of Australia's Migration Program enables the reunion of immediate family members such as:

Spouses
Fiancé(e)s
Interdependent partners
Dependent children
Adopted children
Stepchildren, and
Certain other members of extended families such as parents
Orphan relatives
Carers
Aged dependent relatives, and remaining relatives.

Family Stream migrants are selected on the basis of their family relationship with their sponsor in Australia.  There is no test for skills or language ability as for Skilled Stream migrants, however their sponsor must reside permanently in Australia.

Back to the TopBack To Top Who can sponsor a family member from overseas?

The sponsor must be an Australian Citizen, Australian permanent resident or eligible New Zealand Citizen and would usually be 18 years of age or older.

  • Partner applicants must be sponsored by their partner (or a parent or guardian of their fiancé(e) if their fiancé(e) is under 18);
  • Child applicants must be sponsored by a parent, relative or guardian;
  • Parent applicants must be sponsored by their child (natural, adopted or stepchild); and
  • Other Family applicants must be sponsored by a relative.

Note that the sponsors of Parent, Other Family and certain Child applicants must be usually resident in Australia.

Back to the TopBack To Top Which family members can I sponsor to live permanently in Australia?

There are four main categories in the Family Stream under which a family member may be sponsored to live permanently in Australia.

  1. Partner
    • Spouse: the husband, wife or de facto partner of the Australian sponsor.
    • Prospective Marriage: a fiancé(e) overseas who plans to marry their Australian sponsor in Australia.
    • Interdependent Partner: a person in an interdependent relationship with an Australian partner involving a mutual commitment to a shared life together.
  2. Child
    • Dependent child: the natural, adopted or stepchild of the Australian sponsor.
    • Adopted child: a child adopted overseas.
    • Orphan relative: an unmarried child under 18 who cannot be cared for by either parent.
  3. Parent
    • A person who meets the balance of family test and is sponsored by their child, who is an Australian Citizen, Australian permanent resident or eligible New Zealand Citizen. Note, however, that parents can only be granted a visa when applying within Australia if they are aged 65 years and over.
  4. Other Family
    • Aged Dependent Relative: single, widowed, divorced or formally separated person who is dependent on an Australian relative.
    • Remaining Relative: a person who has no close family ties outside Australia and is the brother, sister, child or step equivalent of an Australian Citizen, Australian permanent resident or eligible New Zealand Citizen.
    • Carer: a person willing and able to give substantial, continuing assistance to an Australian relative or member of their family who has a medical condition that impairs their ability to attend to the practical aspects of daily life. The need for assistance must be likely to continue for at least two years.

Back to the TopBack To Top Will I need to provide financial assistance if I sponsor my family member?

The sponsor of a family member applying for a permanent visa for Australia (except for a permanent humanitarian visa) undertakes to provide support for their first two years in Australia, such support includes accommodation and financial assistance as required.

Sponsorship of family members may also require an approved Assurance of Support (AOS). An AOS is a commitment to provide financial support to the person applying to migrate.  This Assurance of Support is also a legal commitment by a person to repay the Australian Government any recoverable social security payments made to those covered by the assurance.

The AOS is in force for two years, from the date of the assuree's arrival in Australia or grant of a relevant visa, whichever happens later. It covers the principal applicant and any family members included in the application.

Back to the TopBack To Top How do I become an Australian Citizen?

You may be eligible for grant of Australian Citizenship if you:

  • have been present in Australia as a permanent resident for a total of at least two years in the last five, and a total of at least twelve months in the last two years;
  • are able to speak and understand basic English;
  • understand the privileges and responsibilities of Australian Citizenship;
  • are of good character; and
  • intend to reside in Australia or maintain a close and continuing association with Australia.

Back to the TopBack To Top Am I entitled to any government benefits immediately upon arrival in Australia?

NO. Strict rules for newly landed migrants mean that it is not possible to claim government benefits for the first 2 years after entering the country. This restriction applies to unemployment benefits, but not family benefits, maternity allowances or the state health-care insurance, Medicare, all of which are available upon arrival. However, if you encounter unexpected financial difficulties and there are genuine grounds for hardship, an application can be made and  an exception is sometimes granted on merit.

Back to the TopBack To Top Can the immigration authorities refuse my application?

YES, a large number of applicants are unaware how strictly the immigration regulations are enforced in Australia.  Unfortunately they are sometimes unnecessarily refusals or delays due to technical errors on the application that was submitted or by the incorrect documentation forwarded in support of the application. So it is extremely wise and prudent to seek the professional guidance and independent advice of a migration agent BEFORE lodging an application for residence. Agents exist to help you find the best way through the immigration maze and are highly effective in doing so.

Back to the TopBack To Top Why should I get to Visa & Immigration Services Australia to help with my application?

We are the best choice to act on your behalf due to the following reasons:

  • Experienced legal and migration practitioners with our client’s interests at heart;
  • Results driven;
  • Cost effective;
  • Quality advice;
  • Technologically aware which creates fast and accurate case assessments, this also ensures fewer delays in preparing and lodging your application;
  • Installment plans: easy installment schemes are provided for the payment of consultation and processing charges. We also accept credit cards.